Sahil Khan vs The State Of Madhya Pradesh
2022 Latest Caselaw 1234 MP

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   IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
             CRIMINAL APPEAL NO.7764 OF 2021
             (Sahil Khan vs The State of Madhya Pradesh)


Indore, Dated 27.01.2022
      Heard through Video Conferencing.
      Mr. Vishal Patidar, Counsel for the Appellant.
      Ms.     Seema        Maheshwari,             Counsel        for      the
Respondent/State.

Heard on the question of admission.

The appeal is admitted for final hearing.

Record has been received.

Also heard on IA No.29907/2021 which is an application for suspension of jail sentence filed on behalf of appellant under Section 389(2) of the Code of Criminal Procedure, 1973. The appellant has been convicted and sentenced as under:

              Conviction                            Sentence
     Section & Act   Imprisonment        Fine Amount    Imprisonment
                                                         in lieu of fine
        366 IPC      7 Years and 1           No.             01 years
                        months
        363 IPC      2 Years and 6           No.          06 months
                        months

Counsel for the appellant submits that out of seven years of imprisonment, the appellant has already completed one and half years of his jail sentence. He further submits that initially an offence under Section 376 of IPC has been registered against him and later on he was acquitted from the aforesaid offence. He also submits that the victim/prosecutrix has clearly stated that the appellant has not committed the aforesaid offence against her and the only allegation against the present applicant is that he took the victim out of the custody of her parents and she was recovered within twelve hours of the incident. Hence, prays for

IN THE HIGH COURT OF MADHYA PRADESH AT INDORE CRIMINAL APPEAL NO.7764 OF 2021 (Sahil Khan vs The State of Madhya Pradesh)

suspension of custodial sentence of appellant and grant of bail to him.

Per contra, Counsel for the respondent/State on the other hand opposed the prayer and prays for dismissal of the suspension application.

After going through the impugned judgment and taking into consideration all the facts and circumstances of the case as also the deposition of victim/prosecutrix (PW/2) before the learned trial Court, without commenting upon the merits of the case, this application is allowed. It is directed that if the present appellant furnishes the personal bond of Rs.50,000/- (Rupees Fifty thousand) and a solvent surety of like amount to the satisfaction of the trial Court, and on depositing the fine amount, the remaining portion of the jail sentence of appellant shall be suspended and he be released on bail for his appearance before the Registry of this Court on 28.03.2022 and thereafter on all subsequent dates as may be fixed by the Registry in this behalf. Accordingly IA No.29907/2021 stands disposed of.

List the appeal for final hearing in due course. Certified copy as per Rules.

                                                      (SUBODH ABHYANKAR)
Arun/-                                                       JUDGE

ARUN NAIR
2022.01.28 17:10:43
+05'30'